41 replies to this topic

[CNJRoss]

BLET news release:

 

BLET, 9 other unions, request arbitration in NJ Transit negotiations

 

CLEVELAND, April 10 — The Brotherhood of Locomotive Engineers and Trainmen has asked the National Mediation Board (NMB) to proffer arbitration after reaching an impasse in contract negotiations with New Jersey Transit (NJT).

The BLET’s request was made in concert with the nine other unions of the New Jersey Transit Rail Labor Coalition.

 

The Coalition represents 88 percent of the overall rail union membership on NJT. It was formed over the past several months after three years of bargaining by each union with the commuter rail agency proved unsuccessful. BLET began negotiations with NJT with the serving of a Section 6 Notice on April 12, 2011. Since that time, the BLET has held numerous bargaining meetings with NJT, both individually and as a member of the Coalition.

Describing the differences in bargaining positions between the parties as “immense,” BLET National President Dennis R. Pierce requested the proffer of arbitration in a letter to the NMB dated March 27, 2015.

The Coalition elected to seek release after it became clear that NJT would not make a reasonable offer. The Coalition has proposed a settlement patterned after contracts achieved this round with Long Island Rail Road and Metro-North. NJT, however, insists on a concessionary contract where employees with families would pay more than four times what they pay now for health benefits.

On March 23, the NMB forwarded the Coalition Unions’ release requests to New Jersey Transit and gave NJT until April 6 to respond. At the time this article was published we have not been apprised of the carrier’s response but the NMB has requested the parties to meet in Washington D.C., later this month. It is expected that the NMB’s decision will come shortly thereafter.

By law, the NMB must first proffer binding arbitration to the unions and NJT before it can release the parties from mediation. Once offered, if either side notifies the NMB that they reject binding arbitration, that starts a 30 day cooling off period that must pass before the unions or the railroad would have any rights to exercise self help. During that time, or even after that first opportunity for self help has started, NJT, the Governor of any State where NJT operates or the unions could request President Obama to appoint a Presidential Emergency Board (PEB) or the President could appoint one himself, which would reinstate the status quo and re-instate the service. The process could include two consecutive Presidential Emergency Boards. The first PEB would most likely be appointed within 30 days of either side’s rejection of the proffer of arbitration, thus postponing either party’s rights to exercise self help. Should the entire process run the full 270 day course without the parties reaching an agreement, either side could resort to self-help, at which time only an act of the U.S. Congress could end the lock out.

“It is clear an impasse exists,” President Pierce wrote. “I respectfully request the National Mediation Board proffer arbitration in this case.”

[KevinKorell]

WPIX-TV, PIX-11 in New York, NY, 6/17/15:

 

Report: Talks break down between New Jersey Transit, unions

 

Talks between New Jersey Transit and its labor unions have broken down.

 

The Record reports the unions have been working without a contract for four years.

 

Story

[CNJRoss]

The Record, Hackensack, NJ, 6/16:
 

Contract talks break down between NJ Transit, labor unions

 

The latest round of talks between NJ Transit and its labor unions has broken down, signaling increased tensions between the two sides over pay and benefits. Union members have been working without a new contract for four years, union leaders said.

 

The next step in the process requires intervention from President Obama, who must create a three-member Presidential Emergency Board to keep the sides negotiating and prevent a strike or labor lockout that could cripple the region’s economy. Nearly 955,000 people ride NJ Transit buses, trains and light rail every workday.

 

NJ Transit and its unions started negotiating through the National Mediation Board in 2011, soon after the old contract expired. As the process dragged on, more unions joined in, eventually creating a coalition that includes all 17 of NJ Transit’s unions, together representing 4,263 workers, said Thomas Roth, a labor consultant hired to represent the unions in the next round of negotiations. The final union, the International Brotherhood of Electrical Workers, joined the coalition last week, Roth said.

 

Continue here.

[CNJRoss]

Planet Princeton (NJ), 6/18:

Contract Talks Break Down Between NJ Transit and Labor Unions

 

The National Mediation Board released New Jersey Transit and 17 labor unions from mediation this week after the unions and the transit agency were unable to reach agreement on a new labor contract. Workers have been without a contract for four years.

 

The 17 labor unions, working together as part of the New Jersey Transit Rail Labor Coalition, immediately announced their intention to invoke a Presidential Emergency Board that would make non-binding recommendations to settle the contract dispute. The move avoids a strike.

 

The Coalition includes every rail union on NJ Transit and represents more than 4,000 commuter workers.

 

“By announcing our intention to invoke a Presidential Emergency Board, we want to remove any fears the riding public may have that a strike could occur in July,” a Coalition spokesmen said. ”Our goal is to reach a voluntary agreement. We are optimistic that a neutral Presidential Emergency Board will find reasonable our proposals to follow the pattern settlements reached on New York commuter railroads. There is simply no justification for the workers we represent to fall further behind their counterparts on Long Island and Metro-North railroads.

 

Continue here.

[CNJRoss]

LexisNexis via CurtinLaw.com:

 

The Railway Labor Act and Presidential Emergency Boards

 

Railway Labor Act Overview

The Railway Labor Act of 1926 (RLA) was passed to ensure that labor disputes within the railroad industry were handled with the least disruption possible to interstate commerce activities. In 1936, the RLA was expanded to include the emerging airline industry within its jurisdiction. The National Mediation Board (NMB), an independent federal agency, was created by a 1934 amendment to the RLA to enforce the RLA and to provide oversight and support to its covered parties.

 

Creation of a Presidential Emergency Board

The RLA provides that if the NMB finds that an unresolved dispute between a carrier and a labor organization or other representative threatens "substantially to interrupt interstate commerce to a degree such as to deprive any section of the country of essential transportation service," the NMB is to notify the President of the United States. Upon such notification, the President may, in his discretion, create an emergency board to investigate the dispute and issue a report and recommendations.

 

Continue here.

[KevinKorell]

Progressive Railroading, 6/25/15:

NJ Transit rail union mulls strike

 

The Brotherhood of Locomotive Engineers and Trainmen (BLET) is conducting a vote on whether to initiate a strike to attain bargaining goals at New Jersey Transit.

BLET mailed out strike ballots to more than 400 locomotive engineers Monday.

More

[CNJRoss]

BLET NewsFlash:

 

BLET conducting strike authorization vote at NJ Transit

 

CLEVELAND, June 24 — BLET National President Dennis R. Pierce announced today that the organization is polling members to authorize a strike in the event one becomes necessary to attain the Organization’s bargaining goals at New Jersey Transit (NJT). Strike ballots were mailed to over 400 locomotive engineers on June 22.

The BLET has been bargaining with NJT for a new contract for locomotive engineers since April 12, 2011. The dispute has been in NMB-sponsored mediation since June 11, 2014.

The BLET has been bargaining in concert with all the other Unions that comprise the New Jersey Transit Rail Labor Coalition. The Coalition represents 100 percent of the overall rail union membership on NJT. It was formed in early 2015 after three years of individual bargaining by each union with the commuter rail agency proved unsuccessful.

Authorization does not mean a strike will occur.

“We seek a voluntary settlement and not a strike. That having been said, we must strive for the best but prepare for the worst,” BLET NJT General Chairman David C. Decker Jr. said.

The National Mediation Board released the BLET from mediation with NJ Transit and the BLET formally declined the NMB’s proffer of arbitration on June 12. By law, the NMB must first proffer binding arbitration to the Unions and NJT before it can release the parties from mediation. Once proffered, if either side notifies the NMB that they decline binding arbitration, that starts a 30-day cooling off period that must pass before the Unions or the railroad would have any rights to exercise self-help.

During that time, or even after that first opportunity for self-help has started, NJT, the Governor of any State where NJT operates or the Unions could request President Obama to appoint a Presidential Emergency Board (PEB), or the President could appoint one himself, which would reinstate the status quo and reinstate the service. The process could include two consecutive Presidential Emergency Boards. The first PEB would most likely be appointed within 30 days of either side’s declination of the proffer of arbitration, thus postponing either party’s rights to exercise self help. Should the entire process run the full 270-day course without the parties reaching an agreement, either side could resort to self-help, at which time only an act of the U.S. Congress could end the strike or lockout.

BLET members working for NJT will receive a mailing from the BLET National Division within the next few days with voting instructions. The deadline for receipt of ballots is at 12:00 Noon EDT on Tuesday, July 7, 2015. Members who are eligible and have not received a strike authorization packet by Monday, June 29, 2015, should call the National Division at (216) 241-2630, extension 222. When connected with the extension, please leave the following information:

• your name, address and phone number;
• the division to which you belong;
• the date you were promoted to locomotive engineer;
• your date of birth; and
• the last four digits of your Social Security number.

However, e-mail requests for ballots will not be accepted because personal information is required to verify eligibility before a ballot can be issued.

National President Pierce urged all NJT members to vote in the strike authorization process. “Now is the time to participate and stand up for yourselves as well as stand behind our negotiating team and send a strong, unified message to NJ Transit,” President Pierce said.

 

[CNJRoss]

BLET Newsflash, 7/8:

 

 

It’s unanimous: 100 percent of BLET members vote to strike at NJ Transit

 

CLEVELAND, July 8 — One hundred percent of voting BLET members working for New Jersey Transit (NJT) have voted in favor of withdrawing from service should the union and the railroad fail to reach an agreement to settle their contract dispute under processes set forth in the Railway Labor Act.

On June 22, the BLET mailed strike ballots to over 400 NJT locomotive engineers. Ballots were counted on July 7 and 100 percent of the ballots cast were in favor of a strike should one become necessary to attain the Organization’s bargaining goals.

BLET National President Dennis R. Pierce said the unanimous vote in favor of a strike is rare, but indicates a clear mandate from BLET members that they are prepared to fight for a fair agreement. “It is unfortunate that NJT continues to insist that its locomotive engineers accept less than the economic pattern established for other passenger rail engineers in the area,” Pierce said. “The 100 percent majority voting in favor of a strike sends a strong, unified message to New Jersey Transit that over four years without a contract is not acceptable to our membership.”

As background, the BLET has been bargaining with NJT for a new contract for locomotive engineers since April 12, 2011. The dispute has been in NMB-sponsored mediation since June 11, 2014. The BLET is currently bargaining in concert with all the other Unions that comprise the New Jersey Transit Rail Labor Coalition, which represents 100 percent of the overall rail union membership on NJT. It was formed in early 2015 after three years of individual bargaining by each union with the commuter rail agency proved unsuccessful.

The National Mediation Board (NMB) released the BLET from mediation with NJT and the BLET formally declined the NMB’s proffer of arbitration on June 12. By law, the NMB must first proffer binding arbitration to the Unions and NJT before it can release the parties from mediation. Once proffered, if either side notifies the NMB that they decline binding arbitration, that starts a 30-day cooling off period that must pass before the Unions or the railroad would have any rights to exercise self-help.

On June 30 the BLET, along with all the other unions in the New Jersey Transit Rail Labor Coalition, filed a request with the NMB for the appointment of a Section 9A Presidential Emergency Board (PEB). Absent action by President Obama on that request, locomotive engineers could walk off the job, or be locked out by NJT, at 12:01 a.m. Eastern Daylight Time on Thursday, July 16. The requested PEB would delay a strike or lockout by the parties, and would investigate and issue a report and recommendations concerning the dispute.

Additional information will be provided as developments warrant.

[KevinKorell]

Newsweek, 7/9/15:

New Jersey Transit Engineers Set Strike Date

 

More than 400 New Jersey Transit locomotive engineers have agreed to strike if a deal on their contract is not reached by July 16. They have been without a contract for four years, after bargaining began in April 2011.

Story here.

[CNJRoss]

The White House news release:

 

July 15, 2015

President Obama Announces a Presidential Emergency Board, Names Members

WASHINGTON, DC – Today, President Barack Obama signed an Executive Order creating a Presidential Emergency Board to investigate and to make recommendations for settlement of the current disputes between the New Jersey Transit Rail and certain of its employees.

The Executive Order established the Presidential Emergency Board effective July 16, 2015, and the Emergency Board will report its findings and recommendations for settlement to the President within thirty (30) days of its creation.

 

President Obama also announced that he intends to appoint the following members to Presidential Emergency Board No. 248:

• Elizabeth C. Wesman – Chair, Presidential Emergency Board No. 248
• Barbara Deinhardt – Member, Presidential Emergency Board No. 248
• Ann Kenis – Member, Presidential Emergency Board No. 248

President Obama said, “The transit rail system is vital to our nation’s economy, and it’s crucial that we ensure it runs smoothly.  That’s why I’m grateful these talented individuals have agreed to serve the American people by helping to swiftly and appropriately resolve these labor-management disputes.”

 

Dr. Elizabeth C. Wesman, Appointee for Chair, Presidential Emergency Board No. 248

Dr. Elizabeth C. Wesman has been a full-time labor and employment arbitrator since 2000 and has practiced arbitration and mediation since 1981.  She has arbitrated disputes in a wide array of industries, including railroad, aerospace, police and fire departments, and public and private universities.  Dr. Wesman was Associate Professor of Strategy and Human Resources/Industrial Relations at the Whitman School of Management at Syracuse University from 1981 to 2000.  She was also an Adjunct Professor at the Rochester, New York, Extension Division of Cornell University from 1990 to 2000.  She was a lecturer in the Department of Human Resource Studies at the New York State School of Industrial and Labor Relations at Cornell University from 1980 to 1981 and an Instructor in the Department of Economics at Le Moyne College from 1970 to 1975.  Dr. Wesman is a member of the National Academy of Arbitrators.  She is on the arbitration rosters of the American Arbitration Association, the Federal Mediation and Conciliation Service, and the National Mediation Board.  Dr. Wesman has been on a number of permanent panels, including the New York State/Public Employees Federation Panel, the Oregon Employment Relations Board, and the Washington State Public Employment Relations Commission.  She is the immediate past-President of the National Association of Railroad Referees.  Dr. Wesman received an A.B. from Smith College, an M.A. from Northwestern University, and a Ph.D. from the New York State School of Industrial and Labor Relations at Cornell University.

 

Barbara Deinhardt, Appointee for Member, Presidential Emergency Board No. 248

Barbara Deinhardt has been a full-time labor and employment arbitrator and mediator since 1995.  She served as Chair of the New York State Employment Relations Board from 2007 to 2009 and as Member and Chair of the New York State Workers’ Compensation Board from 1991 to 1995.  Ms. Deinhardt was the Deputy Commissioner for Legal Affairs and General Counsel to the New York State Department of Labor from 1986 to 1991.  From 1984 to 1986, she was General Counsel to the Workers' Compensation Board, and she was a Partner at Kestell, Pogue & Deinhardt from 1980 to 1984.  She was a trial attorney with the National Labor Relations Board in Boston from 1976 to 1980.  Ms. Deinhardt served as a member of the Foreign Service Grievance Board from 1999 to 2005.  She is a member of the National Academy of Arbitrators, the College of Labor and Employment Lawyers, the National Advisory Board of the Berkeley Journal of Employment and Labor Law, the Labor and Employment Relations Association, and the New York State Bar Association.  Ms. Deinhardt received a B.A. from Yale University and a J.D. from the University of California, Berkeley, Boalt Hall School of Law.

 

Ann Kenis, Appointee for Member, Presidential Emergency Board No. 248

Ann Kenis has been a professional arbitrator for the Federal Mediation and Conciliation Service and American Arbitration Association since 1992 and a hearing officer for the Illinois State Board of Education since 1994.  She has arbitrated hundreds of disputes in a wide array of industries, including the railroad, manufacturing, automotive, education, transportation, postal service, public sector, service industries, trucking and transportation.  From 1984 to 1991, she was an associate attorney for Arbitrator Elliott H. Goldstein.  Ms. Kenis began her career as an attorney representing clients in matters of employment and education at Kerr & Longwell from 1981 to 1984.  She has been on the arbitration roster of the National Mediation Board for 20 years.  Ms. Kenis has been appointed to permanent panels for the State of Illinois Department of Central Management Services and its various unions, the Chicago Transit Authority and ATU Locals 241 and 308, and Caterpillar and the United Auto Workers.  She is a member of the National Academy of Arbitrators and has served as Secretary/Treasurer of the National Association of Railroad Referees.  Ms. Kenis received a B.S. from University of Illinois, an M.A. from Northwestern University, and a J.D. from Loyola University.